The
admitted position is that the Karnataka Municipal Corporation Rules were framed
under the Karnataka Municipal Corporation Act, 1976. The appointing authority
in respect of various posts governed under the provisions of the Act is
regulated by Sections 82 and 84 of the Act. Section 82 reads as under :-

"82.
Appointment of Engineer, Health Officer etc. –

(1)
The Government shall appoint for every corporation such officers of the State
Civil Services as it considers suitable to be the engineer, health officer,
revenue officer, chief accounts officers and council secretary for the
efficient functioning of the corporation and such officers shall be subordinate
to the Commissioner.

The
Government may also appoint one or more Deputy Commissioners and Assistant
Commissioners who shall exercise such powers and discharge such functions as
may be specified in the rules. They shall be subordinate to the Commissioner.

(2)
The Government shall, in consultation with the Mayor, appoint an officer not
below the rank of an Assistant Commissioner to be the council secretary. The
officer appointed shall be on deputation ordinarily for a period of three years
and if the corporation by two thirds majority of its members so desire he shall
be withdrawn earlier and another person appointed. It shall be the duty of the
council secretary to attend every meeting of the corporation and the standing
committees and he shall perform such other duties as are imposed on him by or
under this Act.

(3)
The officers appointed under sub-section (1) shall be whole-time officers of
the corporation and shall not undertake any work unconnected with their
offices.

(4)
Every officer of the Government appointed under sub- sections (1) and (2) shall
be paid by the corporation such salary as may be determined by the Government
from time to time which shall be met out of the corporation fund and shall be
entitled to leave and other privileges in accordance with the rules and
regulations applicable to the Government service to which he belongs and in
force for the time being, and the corporation shall make such contribution
towards his leave allowance, pension and provident fund as may be payable under
such rules and regulations by him or on his behalf." Section 84 reads as under
:

"84.Appointment
to the other posts on the corporation establishment. –

(1)
Subject to the provision of Section 85 and 86 appointment to posts on the
corporation establishment other than those borne on the cadres of the Karnataka
Municipal Administrative Service and the posts referred to in Section 82 shall
be made by the Commissioner in accordance with this Act, the rules and the
regulations framed thereunder." Rule 26 of the Karnataka Municipal
Corporation Rule, 1977 (for short, the 'Rule') envisages mode of appointment
and the source of appointment as under:

2.
Deputy By deputation of an Officer Commissioner (Senior scale) from the K.A.S.

Cadre
in the Cadre of K.A.S. (Senior Scale) By promotion from the Cadre of Revenue
Officers of Bangalore City Corporation A reading of Section 82(10 and (40
conjointly would indicate that the Government is empowered to appoint to the
every Corporation such officers of the State Civil Services as it considers
suitable to be the Engineer, Health Officer, Revenue Officer, Chief Accounts
Officer and Council Secretary. The Government may also appoint one or more
Deputy Commissioners and Assistant Commissioners who shall exercise such powers
and discharge such functions as may be specified in the Rules. Sub-section (4)
postulates that every officer of the Government appointed under sub-section (1)
and (2) shall be paid by the Corporation such salary as may be determined by
the Government from time to time which shall be met out of the Corporation fund
shall be entitled to all the service benefits enumerated therein. Section 84,
as stated earlier, is subject to Sections 85 and 86 and it also says that
appointment to posts other than those borne on the cadres of the Karnataka
Municipal Administrative Service and the posts referred to in Section 82 shall
be made by the Commissioner in accordance with the Act, the rules and the
regulations framed thereunder. It would thus be seen that such of the officers
of the State Government which are appointed by the State would function under
the Control of the Commissioner. In addition, the Commissioner also has power
under Section 82 to appoint Deputy Commissioner or Assistant Commissioners by
promotion in accordance with the procedure of the Act, the rules and
regulations framed thereunder. Clause (2) in the Schedule of Rule 26 envisaged
that Deputy Commissioners are appointed by the Government by deputation of an
officer (senior scale) from K.A.S. cadre in the cadre of K.A.S. (senior scale);

Deputy
Commissioners by promotion from the cadre of Revenue officers of Bangalore City
Corporation. In other words, under sub-section (1) of Section 82, the
Government may also appoint one or more Deputy Commissioners who are the IAS
officers or senior scale officers. But, as regards the Deputy Commissioners
promoted from the cadre of the Revenue Officers of the Bangalore City
Corporation, by operation of sub-section (1) of Section 84, it is the
Commissioner who is empowered to make appointment to such posts according to
the Act, rules and regulations framed thereunder. Resultantly, promoted Deputy
Commissioners from the Revenue Officers of the Bangalore City Corporation are
required to be appointed by the Commissioner and Government have no power to
make appointment of them.

The
appeal is accordingly allowed. The judgment and order of the Division Bench
made in Writ Appeal No. 1265 of 1993 dated January 23, 1996 stands set aside and that of
learned single Judge stands confirmed but in the circumstances without costs.